Richard Pachter

Saturday, June 16, 2018

This was originally written in 2007 for the now defunct Moli.com, a hybrid business-social site, now defunct, that published a substantial amount of original content. I was business editor. This was the first part of an abortive series on comics creators, never completed due to the site's demise.The makers of comic books are all powerful. With a flick of their wrists, they create and destroy universes, cheat death, shatter the time barrier, and imbue mere mortals with powers far beyond those of mortal men. But despite their heroic demeanor and soaring imaginations, many of these omnipotent, omniscient Masters of Reality have been broke, exploited, and demoralized victims of corporate oppression. Occasionally, some rise up to fight this injustice and subjugation.

Our story begins many years ago ...

As content, comics are now a primary source of material for blockbuster movies. But the business of comics is just that: a business, albeit a rapidly changing one. Once upon a time, there were many companies producing comics. But for the last 40 years or so, the best-known characters like Spider-Man, Superman, the Fantastic Four, Batman, the Hulk, and others, have come from two companies: Marvel and DC. Sales of traditional pamphlet-sized, individual "comic books" have dropped sharply over the last decade, while the sales — and mainstream cultural acceptance — of hard- and soft-cover compilations, as well as original "graphic novels," are ascendant.

If you grew up reading comics in the '60s or '70s, you were regaled with tales of the Merry Marvel Bullpen, a wondrous place where all the artists drew their comics while laughing and kibitzing with writer/editor Smilin' Stan Lee. They had a grand time.

Turns out the bullpen was essentially a myth. Few, if any, artists hung around the office, except to pick up a check and a new assignment. They toiled from home, or from their own rented studios. That's the way it's still done. Most of the creative work in comics is performed by freelance writers and artists on a work-for-hire basis, with the companies retaining ownership of the story, the characters (old and new), and any derivative works, like movies, TV shows, cartoons, lunch boxes, ring-tones — whatever. Creators are sometimes offered a slender sliver of the pie, but paying actual royalties to actual creators is a relatively recent innovation.

Years after signing away his rights to the iconic character, Superman co-creator Jerry Siegel couldn't even get a writing assignment from DC or any publisher. His partner, Joe Shuster, was legally blind and couldn't draw, so he toiled as a messenger in Manhattan and lived in semi-poverty. Marvel comics artist Jack "King" Kirby, at minimum responsible for the original design (if not the actual creation) of the Fantastic Four and nearly every other Marvel character, was forced into pleading, threatening, and finally shaming Marvel into returning a fraction of his original drawings — those that hadn't already been lost, stolen, or destroyed.

"All I know is that I own my drawings, but they've got them, and they know that I own them," he told The Comics Journal back in 1986. "They know, and they're holding them arbitrarily. They'll grab a copyright, they'll grab a drawing, they'll grab a script. They're grabbers — that's their policy. They can be as dignified as they like. They can talk in lofty language, although they don't usually ... not to me [laughter]. They can act like businessmen. But to me, they're acting like thugs."

And this was Kirby, the King of the Comics! Mere mortals, and just plain journeyman artists and writers, have been treated far worse.

While it's legal and practical for publishers to exploit (in the positive sense of the word) their intellectual property, until quite recently these companies have also exploited their freelance writers and artists, paying on a per-page basis with none of the benefits typically accorded salaried employees, such as health insurance, paid vacations, holidays, etc. When a group of veteran writers organized in the mid-1960s and asked for basic health insurance, DC's reaction was to abruptly cut off their work — in effect, firing them. That was the end of that little uprising.

Modest improvements were made over time, including the advent of creator-owned properties and shared trademarks, royalties, and payment for reprints. Most of the advances were incremental and isolated until 1992.

Before that important year, the hegemony of Marvel and DC had been challenged by a handful of smaller publishers: Dark Horse, First, Pacific, Eclipse, Malibu, Comico, Valiant, and others (all of which are now out of business except Dark Horse, whose close ties with film properties like The Mask, Time Cop, and other Hollywood productions augment and support their print ventures). Some of the indies produced books with production values equal to or better than the majors, though the quality of the stories and art varied greatly. Distribution was inconsistent, at best. They were less a threat to the Big Two and more of a farm system for new talent.

But in 1992, seven of Marvel's hottest artists (Erik Larsen, Jim Lee, Rob Liefeld, Todd McFarlane, Whilce Portacio, Mark Silvestri, and Jim Valentino) met with the company's management and announced the formation of their own publishing entity, Image.

Jim Lee told author George Khoury in Image Comics: The Road to Independence, "There was a wide, wide rift between how we perceived ourselves and our value to the company as creators, and [how] they valued us as creators, and I think they felt that they would survive without us. And they did, ultimately. They took a hit for ... several years because I think they underestimated what Image would become."

Image began to publish books written and drawn by the rebel alliance. At first Malibu distributed the comics. After learning they were paying Malibu for services that they could handle themselves, like dealing with printers and other vendors, Image distributed the books themselves.

But Image wasn't even a publisher in the traditional sense. It didn't own the copyrights, trademarks, or characters. It was (and is) more of a collective, with each of the then-six (Portacio dropped out) shareholders owning their own creative properties and calling the shots. The effect of Image's entry into the marketplace was immediate; initial sales of their books were quite high, even surpassing DC's volume, albeit briefly. Comics featuring their creations — Spawn, The Savage Dragon, Wildcats, and others — sold in the millions (!), and the Image founders became quite wealthy, especially for comic artists.

It's worth pointing out that these Image founders were all artists, and not writers; none wrote their own tales, though some had already begun either scripting or "plotting" the stories they drew at Marvel in collaboration with an editor or a "scripter," who penned dialogue to match the action depicted in the drawings.

In the wake of Image's success, several groups of writers and writer-artists also tried forming similar publishing collectives, but none gained traction and all were abandoned.

Marc Silvestri's Top Cow Productions left Image in 1996 but returned shortly after Image founder Rob Liefeld was voted out by the other partners over a variety of complaints and conflicts. Top Cow regularly works with Marvel. Lee and Liefeld have also drawn books for their old company, though since the DC acquisition, Lee's work has mostly appeared under that company's banner.

The comics industry is subject to the same competitive forces faced by most businesses, including consolidation. Image, though originally formed as a means to empower and enrich its creators, found that they still had bills to pay, payrolls to make, and profits to turn. Business is business; it's revealing that nearly all of Image's current books are written and drawn by non-partners.

But creators still seek to create businesses to serve their needs — and not the other way around.

So when I saw the Groupon spot, I couldn't believe it. Take a look yourself:

What a missed opportunity — on several levels.

First of all, you could literally (yes, LITERALLY) substitute any actor, actress, spokesmodel or shlep off the street to do the spot. There's nothing Tiffany Haddish-ish about it. Generic Spokesmodel could've delivered those lines.

Second, does Groupon understand its own product? Sure, it's great to support local business (duh!) but is that Groupon's USP? Has ANYONE ever said, "Uh, yeah, I wanna support local business, so I'll buy a Groupon."? (Spoiler: NO!)

It's to save money; try a restaurant or service at a reduced cost. Period. Full stop.The spot itself is unfunny and dumb. Wow, a rich guy gets hit with a football. Hardee har har.No lie: I could write a better spot. Hell, almost anyone could.Glad Tiffany Haddish got a big check, but this is a Super Bowl spot, Groupon. You blew it.

Saturday, September 3, 2016

The best thing a novel can do is to reveal a heretofore-undiscovered world. Former Texas Monthly editor Robert Draper's first novel, Hadrian's Walls, does all this and more, presenting a tiny universe that crackles with conflict, contradiction and energy. It is an impressive work of entertainment and literature; with its page-turning plot and vibrant characters, it's perhaps the perfect book for summer reading.Draper's revelatory universe is a Texas prison town; truly a microcosm of humanity. With layers of politics, personalities and perversion, the heroes and villains live on, long after the story concludes.The tale is related as a first-person narrative by Hadrian Coleman, convicted of murder at 15, now returning to his hometown of Shepherdsville, Texas, the prison town run by his boyhood pal, Sonny Hope. From this logical point of attack, the story unfolds, with well-timed flashbacks revealing and amplifying the plot.Texas, with its singular history and culture, is a great setting for any novel. Its larger-than-life legends illustrate, amplify and extend human foibles and heroics. But Draper wisely keeps things at the human level, allowing the action and its implications to assume their natural, albeit Texas-sized, proportions.As the story unfolds, the author's intelligence and energy keep things moving at a remarkably steady pace. His craft and poise also serve to smooth over any soft spots in the plot, rendering them barely noticeable. For a novice novelist, this is a considerable feat, resulting in a story within which the reader becomes happily absorbed and remaining so well after its completion.Hadrian Coleman is an Everyman; a Prodigal Son, to be sure, but also a figure of great gravity and tragedy. The childhood murder was, of course, the singular event in his life, but his existence before and after is even more defining -- and filled with archetypal characters and situations. Hadrian's father is the country veteran who can do no wrong; his best friend is the town's ne'er do well, the woman whom they both love is the unattainable goddess, and so on. Draper not only breathes life into these hoary, would-be stereotypes, but imbues them with such vibrancy and vitality that they're born again as fresh characters.Hadrian's Wall's would make a terrific movie (Matthew McConaughey: call your agent!) or -- better yet -- a miniseries, but don't hold your breath. Instead, read this book, and just try to wait patiently for the author's next one. I certainly will.

Wednesday, July 6, 2016

Serious effort in the humorous series is a good effort but hardly revelatory

BY RICHARD PACHTERThe Worst-Case Scenario Business Survival Guide: How to Survive the Recession, Handle Layoffs, Raise Emergency Cash, Thwart an Employee Coup, and Avoid Other Potential Disasters. David Borgenicht, Mark Joyner. Wiley. 208 pagesHow about starting a new job and on the third day, you arrive at work to discover that the building is surrounded by police cars? Shocked, you wonder if the joint was robbed but soon learn from a stern cop that the company is accused of criminal activities. Or another gig where the owner ushers you into his office and asks you to accompany him to a business meeting with a competitor. On the car ride to their site, he announces that he’s going to pitch them on acquiring his company! Those are two screwy situations that yours truly encountered that may not be “worst-case” scenarios, but neither are most of the relatively typical business problems depicted in this short and amusing little book.Previously, books in the “Worst-Case” series offered humorous and straight-faced advice for dealing with obviously over-the-top situations — how to jump from a bridge or a cliff into a river; how to survive if trapped in a lion’s cage; how to escape from a giant octopus — accompanied by retro-ish illustrations that evoked hokey how-to manuals from eras past.It was a winning formula, apparently, as a stream of follow-ups and brand extensions appeared, including a TV special. I haven’t read every volume, but my sense is that each took a similarly light and frivolous approach to the issues, even if some weren’t very serious themselves, like surviving a zombie attack.This new volume is VERY SERIOUS, however, and emphatically states so in both forwards by each of the authors of record. With no less than 25 “experts” weighing in with their advice, the pair, I’d guess, probably did the book’s outline and final rewrites. But this veritable Justice League Unlimited of kibitzers must’ve come up with a lot of stuff that was sliced, diced and concentrated to fit snugly into a book of just under 200 pages of text. But that’s still a lot of serious!Regardless, the book is divided into five chapters of “emergencies”: Financial, HR, Productivity, Sales and Marketing, and Executive, with a “Basic Training” summation at the end of each chapter. The presentation is pleasant enough and the intermittent appearance of Colin Hayes’ beautifully deadpan line art will elicit a chuckle or two. The advice is solid, simple and un-surprising. If you possess a minimal amount of common sense, you’ll know this stuff cold. If you’re just starting out in the world, this might be a useful book to study or one to bequeath upon a clueless co-worker who aspires toward management. Please be careful; if you hand it to an actual manager they may be insulted — and you could be mortally wounded — or your career will be. But it’s immeasurably more constructive than any cheesy, rodent-infested pop parable or other well meaning but quintessentially vapid folderol. And if you need a stocking stuffer or a present for a holiday office gift exchange, you can pick up a copy for under 12 bucks on Amazon.com, which will undoubtedly aid in surviving, at the very least, that potential disaster.

Wednesday, May 4, 2016

The only Janis Joplin songs on the radio these days are Me and Bobby McGee, and maybe Piece Of My Heart. But her image — larger than life — endures. Alice Echols' new biography of Joplin thoroughly examines her life and image, but the result is wholly unsatisfying.Born in 1943 and raised in claustrophobic Port Arthur, Texas, Joplin grew into an "ugly duckling" teen. A vivacious, outgoing child ostracized by her classmates, who cruelly voted her "Ugliest Man On Campus," the preternaturally bright young woman became a social outcast. Purposely cultivating an unsavory reputation, she pushed the limits of propriety and parental authority by hanging with the town's lowlifes and beatniks until she escaped to college.A self-professed folkie who gravitated to the music of Odetta and Leadbelly, Joplin barely attended classes, devoting all of her time to nearly nonstop partying and sexual explorations. She began singing at clubs and coffeehouses and nurtured her growing talent, which was sometimes fueled by copious amounts of legal and illegal substances.She dropped in and out of school, and attempted to live the conventional lifestyle of her parents a final time before abandoning any pretense of conformity. She explored Greenwich Village, but eventually settled in San Francisco just in time for the emergence of the hippies of Haight Ashbury.In San Francisco, Joplin found a community that welcomed her as a kindred spirit. The burgeoning music scene was a hotbed of experimentation, socially, sexually and sometimes even musically. Bands like the Grateful Dead, Jefferson Airplane, Country Joe and the Fish, and the Charlatans recognized Joplin's talent and outrageous character. She hung out — and coupled — with many of those involved. Country Joe McDonald had a relatively long-term relationship with her, and memorialized the singer in his song Janis, on his 1967 album Feel Like I'm Fixin' To Die.The Bay Area's "anything goes" attitude gave Joplin license to party even more. When she joined Big Brother and The Holding Company, a ragged hippie rock band, Joplin's astounding voice became its immediate focal point. Hailed as the Caucasian reincarnation of Bessie Smith and other black blues singers, Joplin and the band inked a typically exploitative contract with a smallish record label, quickly producing a low-fi album that was ignored by radio.At the first (and only) Monterey International Pop Festival in 1967, a now-legendary appearance by the group and its fiery vocalist attracted rabid attention from the music business. Bob Dylan's manager quickly displaced Big Brother's home-grown handler, and the rest of the band faded into the background, forever relegated to the role of Janis Joplin's first backup band. Columbia Records bought out their recording contract, and Big Brother made its real debut album under the tutelage of producer John Simon and engineer Elliot Mazer.Though the album, dubbed Cheap Thrills, seemed like a live recording, all but one track — Ball and Chain — were cut in the studio. Simon and Mazer figured that the band's ragged playing would be more palatable if presented in a concert context, so they added fake audience tape-loops and canned applause, crafting a simulated live album.Though the LP sold a million copies in its first month of release, Joplin was urged to abandon Big Brother by her manager, her record company and others. Subsequent musical accompaniment inarguably served her prodigious talents better. Big Brother recorded one album following her departure, before becoming a music history footnote.Joplin's newfound celebrity and fortune enabled the acceleration of a Sybaritic lifestyle, as she made up for lost time. Her casual pansexual couplings, drug addictions, alcoholism and other passions undercut potential artistic and career growth. Echols lists many of Joplin's lovers, including Jets quarterback Joe Namath and musician Kris Kristofferson, who composed her posthumous hit, Me and Bobby McGee. But Janis felt lonely and unloved, despite the seemingly endless parade of short-term companions.In October 1970, at the age of 27, she was found dead after an overdose of heroin, forming an immortal triumvirate of prematurely departed rock icons. Jim Morrison and Jimi Hendrix — Echols says Joplin had brief affairs with both — were dead within months of her.Her enduring image as a red-hot mama and rock archetype inspired Bette Midler's film The Rose, which was originally touted as a Joplin biopic. Another Joplinesque movie is said to be under consideration, this one supposedly starring Melissa Etheridge, who says she draws inspiration from the late singer's bold life. Other women artists similarly express solidarity with Joplin's sexuality and legacy .Echols' book is a sympathetic but nearly clinical exploration of Joplin's life. With ample research, including scores of interviews with friends, lovers and associates, it's clear that much earnest work went into this project, but the result is a scholarly tome, contrasting wildly with the subject's flamboyant life and work. The ferocious power of Janis Joplin hinted at here may be impossible to authentically convey in any non-aural medium.Originally published on March 14, 1999 inthe Sun-Sentinel

Friday, June 20, 2014

Back when I reviewed biz books for the Miami Herald, I'd get — as you'd imagine — numerous inquiries from publishers, authors, publicists and others who wanted me to review their books.Some were quite professional, generally because they were from professionals, but others were a bit ham-handed and many asked my help to "promote their book in the Miami Herald"(!)Rather than respond to each entreaty, I put together a kind of boilerplate response, which I honed and revised many times, as needed.I've never shared this online, but was thinking about it today and thought, why not?So, here it is.FAQ for Publicists, Publishers and AuthorsThanks for your e-mail about your book.

Here are a few things you might find helpful.

First of all, I review business books usually intended for a general business audience. I avoid technical volumes, most business-to-business books, self-help, diets, pop psychology, inspirational, religious, spiritual, sports, celebrity bios, novels, fables, humor, parables and such. (There are exceptions, but not often!) CEO memoirs and the like are iffy, but not entirely out of the question.

I love books and language, and am endlessly interested in all forms of business, as it's a vital aspect of human culture.

That's why I review business books.

If you want your book considered for review, you need not ask me before sending a copy. It's an extra and unnecessary step.

I receive many books every day — more than I can possibly review — so if you think yours is a candidate, just send it. My address is below.

I like books offering fresh ideas that can be applied to a variety of businesses and situations.

Your book must be new, and available in bookstores and from normal online merchants (Amazon.com, BN.com etc.) and not just through your own web site or 800 number.

I'll sometimes review a book AND the CD audio version. Feel free to send both, if you like.

I don't (can't) return phone calls. You may always follow up with me by e-mail. I try to respond promptly, but this is not my full-time gig, unfortunately, and my "real" job takes up the majority of my time and attention.

I don't review unpublished manuscripts or provide my "professional opinion" about something I'm not reviewing, and can offer no advice on agents, publishers, editors etc.

I rarely do author interviews unless there are strong local South Florida connections, and even that's no guarantee.

I don't need any canned reviews, have no say about anything else in the paper and think that poetry is a huge scam, so don't send me any poems (pretty please!)

I also review graphic novels on a monthly basis for The Herald. From time to time, I write about other stuff, but it's not worth pitching me on anything, since I have more ideas than time to execute them.

Thanks for reading. (Any implied grouchiness herein is certainly not directed at you! I promise.)

Saturday, December 15, 2012

Note: In 2005, I was intrigued by the Free Fiona fan campaign, so I pitched and wrote this for The Miami Herald. It was picked up by a few other papers, running in a severely edited form. The version that the Herald published was also edited for space, so here's the full original piece I'd submitted. Also, a completely reworked version of Apple's album was subsequently released by the record company. A comparison of each version is here.

The extraordinary release of Fiona Apple’s new album
BY RICHARD PACHTERFiona Apple’s new album wasn’t released. It escaped.

The third collection of songs from the waifish looking but throaty-voiced singer/songwriter reportedly was handed into Sony/Epic, her label, in May 2003. Her previous album, the one with a 57 word title (popularly know as "When the Pawn … ") was released in 1999 and fans wondered what had become of Ms. Apple since then.

Sessions for the third collection began with Jon Brion, a quirky but meticulous musician who played guitar on the first album and produced the second one, at the helm and the results were eagerly awaited. But that’s where the story gets murky. It’s been speculated that Epic didn’t hear a single on the album and refused to release it.

That was nearly two years ago. Not a note was heard until last August, when the title song of the new set, “Extraordinary Machine,” appeared (where else?) on the Internet.

Like a modern rearrangement of a long-forgotten show tune, “Extraordinary Machine” seemed a bit out of context. Apple’s lyrics and singing were slightly mannered, but just as knowing and self-aware as her previous work, with an unexpected pinch of humor added to the mix. Brion’s production and (presumable) arrangement was jazzy, but also reminiscent of Beatlesque art rock, with strings and horns. (Paul McCartney ought to look him up.)

Shortly thereafter, producer Brion announced the track listing and expressed his confidence that the long-delayed album would soon be released, but that was it; nothing from Fiona: No tour. No statements. Few sightings and no other new music.

Until a few weeks ago.

The entire 11 song “Extraordinary Machine” album appeared on one fan site, then several, in nearly CD-quality .mp3 files for download. Which it promptly — and repeatedly — was.

This is not the first time an unreleased album by a successful artist reached the public before the record company intended. Bob Dylan’s “Basement Tapes” was bootlegged as “The Great White Wonder” in 1969. “Get Back” by The Beatles was widely available before a remixed and rearranged version by producer Phil Spector morphed into “Let It Be” a year later. In 2000, The Dave Matthews Band’s final sessions with incumbent producer Steve Lillywhite were rejected by Matthews and RCA, after which most tracks were leaked to the public. They were later re-recorded and “officially” issued. And Wilco’s “Yankee Hotel Foxtrot” was rejected by Reprise, then streamed on the net from the band’s web site before its subsequent release by Nonesuch, a corporate sibling of original label Reprise. Other albums appear on peer-to-peer networks and fan sites prior to their official release (and until cease and desist notices arrive from the RIAA), despite (or possibly because of) the best efforts of their record companies and managers. Most recently, the current U2 album, “How To Dismantle An Atomic Bomb” was in fans’ hands (and their ipods and hard drives) a week before it hit the stores.

Apple’s “Extraordinary Machine,” however, may mark the first time an album that was supposedly rejected by the label (and possibly approved by the artist) became available to the public in this manner.

Its release has not gone unnoticed. A “Free Fiona” web site organized an in-person (as opposed to online) demonstration, so fans picketed the record company’s offices and were encouraged to send apples to Sony Music president Andy Lack in protest. The company issued a terse statement: "We join music lovers everywhere in eagerly anticipating her next release," which said everything — and nothing.

The Herald reached one senior Epic executive by telephone who declined to discuss Fiona Apple on or off the record, refusing to even allow an attributed quote of “No comment.” Epic president Steve Barnett, when asked by a Herald writer about the status of the Fiona Apple album, affably responded with “That’s sensitive,“ and promptly transferred the telephone call to Epic Senior VP of Publicity Lois Najarian. She allowed that the company was working with the artist’s management to resolve various issues, and refused to provide substantive details of the negotiations, which she called “proprietary,” but added, “We want to continue to be in business with Fiona Apple.”

A source familiar with the situation hinted strongly that Brion may have been behind much of the high-tech agitation. Rather than handing the album in to the label in 2003, the source suggested that Epic had received it piecemeal from Brion, with songs in various stages of completion, and not as a finished work. There may have been subsequent discussions of bringing in another producer to either rework some or all of the existing tracks, or record one or more new songs that were more likely, in Epic’s opinion, to receive commercial radio airplay. Whether or not Brion was the source of the leaked tracks (which he strongly denied in an interview with Newsweek’s Lorraine Ali), it put the company in an awkward position, especially since Apple remained mum and didn’t offer a public opinion either way. Some have speculated that she agrees with Epic and doesn’t like her new album or considers it to be unfinished. Her management may not be helping the press or Epic by maintaining its silence, but they undoubtedly know that the growing interest and mystique ensures increased attention when the finished product is ultimately and officially released.

The tracks have been downloaded extensively and also are available on various peer-to-peer networks, but the excitement isn’t limited to fans. Highly favorable reviews were published and posted in The New York Times, The Los Angeles Times, MTV, Salon.com and Newsweek among other media. A Seattle radio station bravely aired several songs before Epic stepped in with its inevitable cease and desist order.

In any case, the songs that have surfaced are compelling and quite entertaining, revealing a new maturity both in Apple’s lyrics and vocals. Brion’s clever and complex production and arrangements serve the mostly jazzy pop tunes quite well.

The future of “Extraordinary Machine” may not be clear but one thing is. Accidentally or on purpose, whenever or whatever Fiona Apple does next — officially or not — people will be watching, listening and probably downloading. (Note: a rerecorded version of “Extraordinary Machine” was subsequently released. The "bootleg" has never been officially and legally available.)